The Owner of a Property as Died NO WILL NO RELATIVES maybe a chance to declare Adverse Possession?

edited 22 June 2019 at 2:09PM in Mortgage-Free Wannabe
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  • LadyGnomeLadyGnome Forumite
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    If the estate is bona vacantia the time limit for adverse possession can be as long as 30 years
    Mortgage
    Start Nov 2012 £310,000
    Jun 2022 £152,029.12
    Reduction £157,970.88

    End Sept 2034 (but I have a cunning plan...)
    2022 MFW #78 £6200/£12000
    MFiT-6 #28 £1870.38 /£75000
  • ChichoChicho Forumite
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    Hi , I made it clear from the title and the start already, yes it is what I want to do! and my motivation is not what you said, my motivation is that everybody should own a property since they born and not get to be part of a corrupted system and have to sell them self in order to conquer something that naturally they should own! The person that use to be the owner has paid for it and unfortunately could not pass it to any relatives or someone chosen from him.
    I am more than sure that he has not choose the private company CROWN as a owner of it, they have already quite a lot don't you agree? Please do not talk me like that I am trying to do something legal, if you have problem with the Adverse Possession law make your complain with someone else.
  • ChichoChicho Forumite
    16 Posts
    Yes LadyGnome they are doing it, and on a neighbour flat they stop to pay the mortgage as well and they receive a visit from the bank.
    I am looking for advice here, with more people as possible because is a complicate situation even if very interesting
  • ChichoChicho Forumite
    16 Posts
    why you say 30 years LadyGnome? no the estate is not bona vacantia and anyway they have a contract with someone with no legal right to rent
  • getmore4lessgetmore4less Forumite
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    The correct process for a interstate no know relative estate is to get it in the hand of a hier hunter or onto the BV list.

    If the landlord on a tenancy is acting on a POA, as I understand it as the POA ceases on death the tenancy is as if the landlord has died.

    Do not pay any monies to anyone untill you see a grant of administration.
    I also think you can legally put steps in place to secure the property.

    Might also be sensible to carry out statutory checks like safety certificates if you plan to stay there as a tenant of the estate.
  • zagubovzagubov Forumite
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    I'm definitely not an expert, but be aware if an overseas inheritor ends up owning the place, you might have to pay the new landlord's tax directly to HMRC.
    There is no honour to be had in not knowing a thing that can be known - Danny Baker
  • ChichoChicho Forumite
    16 Posts
    Hi getmore4less,

    1- hier hunter or onto the BV list?
    what are those?

    2- So in front of a judge the contract of tenancy is illegal? I ear the opposite, I ear that a Landlord can evict me anyway because of the contract? can you confirm better what you affirm, this part is very important.

    3- We ask to the agency the grant of administration and they din't show us anything, it is really safe to stop to pay and safe the money somewhere else? Will they stop to pursue us and let us live? Or on the other hand if they will try to evict us they will fail for what you have said on the second point?
  • TigsteroonieTigsteroonie Forumite
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    Chicho wrote: »
    my motivation is that everybody should own a property since they born

    That is your opinion, mine is different. Most people earn money to buy a property rather than try and acquire one through other means. But this is MSE, so I guess you should be applauded for trying. :T
    Chicho wrote: »
    Please do not talk me like that I am trying to do something legal, if you have problem with the Adverse Possession law make your complain with someone else.

    Did you mean illegal? I didn't say I had a problem either way. I was merely clarifying your intentions.
    :heartpuls Mrs Marleyboy :heartpuls

    MSE: many of the benefits of a helpful family, without disadvantages like having to compete for the tv remote

    :) Proud Parents to an Aut-some son :)
  • LadyGnomeLadyGnome Forumite
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    Chico
    Nobody can properly advise you on the status of your contract. We haven’t seen it. We don’t know if some sort of process is still ongoing re the administration of the estate. Get proper legal advice.

    My understanding is if there really are no heirs then the property is automatically Bona Vacantia.
    Mortgage
    Start Nov 2012 £310,000
    Jun 2022 £152,029.12
    Reduction £157,970.88

    End Sept 2034 (but I have a cunning plan...)
    2022 MFW #78 £6200/£12000
    MFiT-6 #28 £1870.38 /£75000
  • LadyGnomeLadyGnome Forumite
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    Forumite
    Have you read the Land Registry guidance on adverse possession? Is the land registered or unregistered? It’s not simple.
    Mortgage
    Start Nov 2012 £310,000
    Jun 2022 £152,029.12
    Reduction £157,970.88

    End Sept 2034 (but I have a cunning plan...)
    2022 MFW #78 £6200/£12000
    MFiT-6 #28 £1870.38 /£75000
This discussion has been closed.
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